Welcome the Abundance Agenda. There are entire books being written about how we need to streamline the bureaucracy and policies to actually accomplish the goals of the environmental movement, not just create a self-licking-ice-cream-cone of Vogons, forms/checklists, and tit-for-tat lawsuits.

Your concern, while well intentioned, is a red herring. At best it can highlight that enforcement of negative externalities is imperfect, but then again everything is.